Territory v. Achi

OPINION OP THE COURT BY

PERRY, C. J.

The defendant was convicted and sentenced under a charge of violating the provisions of ordinance No. 97 of the City and County of Honolulu “in that he did * * * sell to” a person named “Lot No. 1, Gulick Tract, Third Series, said lot being in an addition or subdivision in said city, contrary to the provisions of said ordinance.” Prior to trial he demurred to the charge on the ground, among others, that the ordinance named “is null and void because the board of supervisors * * * had no power or authority to make such ordinance;” and the demurrer was…